Impossible to check EU workers' rights without a system in place, says FTA
Thursday 01 November 2018
Logistics businesses are to be expected to check the right to work of their EU national employees both during the transition period and after Brexit, according to evidence presented to the Home Affairs Select Committee by the Rt Hon Caroline Nokes MP, Minister of State for Immigration, yesterday. But as FTA, the industry body which speaks for the logistics industry, points out, no system currently exists to carry out these checks and as a result, industry will be held responsible for conducting the lengthy processes required to avoid prosecution and removal of illegal workers.
“It is simply unacceptable that, with only five months to go until the UK is set to leave the EU, there is still no viable system in place which can provide employers with the information they need over workers’ status,” says Sally Gilson, FTA’s Head of Skills. “For some time, FTA has been expressing concern over the legality of allowing EU workers to keep working in the UK in the event of a no-deal Brexit: a verbal promise guaranteeing rights is not legally binding. Ms Nokes’ appearance in front of the Select Committee has created further concerns throughout the sector about whether business can continue to rely on these vital workers to keep the UK’s supply chain moving.”
Speaking to the Committee yesterday, Ms Nokes said that, “In the intervening period of any transition period it will be incredibly difficult to differentiate between an EU citizen here for the first time, for example, and somebody who has been here for a significant period of time and hasn’t yet applied for their settled status but would be perfectly entitled to it if they were to.”
As Ms Gilson continues, this will place a huge burden on employers to prove the status of their workforce:
“Despite asking for clarification on this issue since Article 50 was triggered, it seems incredible that the government has let the clock run down to this point without giving business the answers it has been requesting. Asking employers to prove the right to work status of their workforce, despite assurances in the summer that this would not be needed, is simply unacceptable. While logistics as a sector is notoriously good at adapting to change, this additional burden will make it very difficult indeed to keep the supply chain running smoothly at a time when there will be added pressures from new trading conditions, declarations and other processes to adopt.
This puts a massive burden on employers who, despite assurances in the summer to the contrary, will be expected to check the right to work status. When quizzed further, Nokes said that they did not know how employers will be able to check those EU citizens yet to apply for settled status.
“Following Home Office assurances in the summer, we have been reassuring our members that they will not be expected to check right to work for EU citizens. We now hear that employers will have to make these checks, however the government doesn’t yet know how employers will be able to do so. The whole situation is shocking and almost farcical: we are now less than five months from Brexit and employers will effectively be asked to check right to work for employees without a mechanism to do so.”
“The government has already said that EU citizens have until March 2021 to apply for settled status but, in fact, in a recent briefing to FTA, indications were made that the Home Office would prefer not to have everyone apply at once. We know a digital right to work check will be made available but that will only cover those who have successfully applied – there are over three million EU workers to process, who are vital to the continued smooth running of the UK’s supply chain.
EU nationals currently make up 12% of the UK’s logistics workforce and with significant numbers of vacancies already existing within key roles such as lorry drivers and warehouse staff, the loss of the EU workforce could be catastrophic for the flow of goods and services to the nation’s businesses and employers.
“It is imperative for the continued efficiency of the UK’s supply chain that the logistics industry can not only retain the workers we have, but continue to access them during the transition period as the UK leaves the EU. Any issues around the right to work in the UK have to be resolved now – otherwise employers could easily deem EU nationals too risky to employ. The logistics sector is committed to Keeping Britain Trading – without the workers to do this, business could grind to a halt.”
Efficient logistics is vital to keep Britain trading, directly having an impact on more than seven million people employed in the making, selling and moving of goods. With Brexit, new technology and other disruptive forces driving change in the way goods move across borders and through the supply chain, logistics has never been more important to UK plc. A champion and challenger, FTA speaks to Government with one voice on behalf of the whole sector, with members from the road, rail, sea and air industries, as well as the buyers of freight services such as retailers and manufacturers.